Some questions have been raised
about the Fiqh Council’s new adopted policy regarding confirming the month of
Ramadan by astronomical calculations. It is being said that actual sighting is
required by the Qur’an, Sunnah, Ijma’ (consensus of the jurists) and by the
linguistic meanings of the word “Hilal”.Four main arguments are being presented
to substantiate the claim that actual sighting by the naked eye is a
prerequisite to the fasting of Ramadan.

1: That the Qur’an requires
actual sighting by the verse of Surah al-Baqarah which says

“Ramadan is the (month) in which
was sent down the Qur-an, as a guide to mankind, also Clear (Signs) for guidance
and judgment (between right and wrong). So every one of you who is present (at
his home) during that month should spend it in fasting, but if any one is ill,
or on a journey, the prescribed period (should be made up) by days later. Allah
intends every facility for you; He does not want to put you to difficulties. (He
wants you) to complete the prescribed period, and to glorify Him in that He has
guided you; and perchance ye shall be grateful.” (2:185)

The following phrase is wrongly
translated to mean witnessing actual Moon sighting.

“The meanings of “Shahida” are
confined to the three: Presence, knowledge and announcement”. None of the word’s
derivatives go beyond these three meanings.”

Linguistically the above quoted
Qur’anic phrase cannot go beyond the following three meanings:

1: “Whosoever was present in the
month the Ramadan then let him fast (the month).”

2: “Whosoever had the knowledge
of the month of Ramadan then let him fast (the month).”

3: “Whosoever received the
knowledge about the month of Ramadan then let him fast the month.”

In no way or form it can be
translated “Whosoever see the Moon of the month of Ramadan then let him fast
it.” It will be against all the established rules of Arabic language. That is
why the Qur’anic exegetes have translated and understood the meanings of the
phrase as “Whosoever was present in the month of Ramadan then let him fast the
month.”

The Qur’an has used the word in
all these three meanings. For instance it says:

At
length, when they reach the (Fire), their hearing, their sight, and their skins
will bear witness against them, as to (all) their deeds. They will say to their
skins: "Why bear ye witness against us?" They will say: "Allah hath given us
speech, He Who giveth speech to everything: He created you for the first time,
and unto Him were ye to return. (41:20-21)

In
these verses the witness of the hearing faculty, sighting and skins is explained
through the word “Shahida”. No ignorant can say that these faculties will
witness with their eyes. This means that these faculties will explain or give
knowledge of what the person had done in the worldly life.

“And those whom they invoke besides Allah have no power of intercession; only he
who bears witness to the Truth, and they know (him).”(43:86)

Here again the witness of truth cannot be with naked eyes. The truth is not a
physical entity that witnessing it would require sighting it. It clearly means
standing by the truth or acknowledging it wholeheartedly.

The
Qur’anic exegetes, in light of the crystal clear Qur’anic and linguistic
meanings, interpret the verse of Surah al-Baqarah to mean that “whosoever was
present in the month of Ramadan and was not traveling or sick then he should
fast the month of Ramadan.

Imam al-Qurtubi reports that the famous Companions of the Prophet (PBUH) like
Ali, Ibn Abbas, A’isha and others have observed that the meanings of “Shahida”
is to “be present” in the month of Ramadan.

“Ali bin Abi Talib, Ibn Abbas, Suwayd bin Ghafalah and A’isha, four of the
Companions, and Successors such as Abu Mijlaz, Lahiq bin Humayd and U’baydah
al-Salmani have said, “Shahida” means whosoever was present when the month
started and was resident in his city and among his family, let him complete his
fasting…Whosoever was present in the month of Ramadan let him fast.”

There is no second opinion among the Qur’anic exegetes that the above phrase
means whosoever was present in the month of Ramadan and not sick or traveling
should fast the month of Ramadan. The same meanings are conveyed also by the
context in which this phrase occurs in the Qur’an. Immediately after this phrase
the Qur’an says, ”Whosoever is sick or traveling should make up for the missed
days.” Imam al-Alusi observes:

“Linguistically it is not appropriate to say, “whosoever saw the Moon let him
fast and whosoever is sick or traveling let him make up for when the second
category enters the first category (meaning when the sick or traveling sees the
Moon). The detailed conjunction “and” demands difference and variety… that is
why majority of the grammarians view “al-Shahr” is the subject and see that the
word “fa” means “as a result” or “consequently” the person should fast.”

Al-Alusi shows that linguistically the phrase cannot violate the two established
meanings. It has to mean either presence in person or through knowledge. The
meanings will not give a sense of actual sighting of the Moon whether we take
the word “al-Shahar” as “Mafa’ul fiyh” or “Maf’ul bih”.

It
is a common practice among the Arabs to say that “I witnessed the Friday prayers
or Hajj”. That does not mean that Friday prayer or Hajj is something physical
and the person saw it with his own eyes. It clearly means that I was present in
the Friday prayers or in the Hajj of such and such year.

It
is very unfortunate that some Muslims try to impose their opinions upon the text
of the Qur’an and do not let the Qur’an speak to them. They arbitrarily inflict
their understanding of the issue upon the Qur’an itself and then present it as
the authentic Qur’anic position. This case of Ramadan is a good example how some
Muslims intrude the Divine writ by compelling the Qur’an to say what they think
is right and should be said. It should be the other way round.

“Ibn Abi Maleeka narrates that Abu Bakr (May Allah be pleased with him) was once
asked about interpretation of a word in the Qur’an. He replied, “Which heaven
will cover me and which earth will carry me and where will I go and what will I
do if I end up saying a word in (explaining) the Qur’an which is against the
intended meanings of Allah SWT (for that Qur’anic word).

It
was not a very complicated word which he was asked about. Abu Bakr was asked
about the meanings of simple words such as “the fruit” and “father” in Surah
A’basa. He was not sure about the exact meanings in that context and was afraid
to give an interpretation which may not be the hundred percent intended meanings
of Allah SWT for those words. This is Abu Bakr and these are the simple words.
What about changing the meanings of a Qura’nic verse to fit in one’s own
understanding or interpretation! May Allah SWT protect all of us from indulging
in such a disastrous adventure!

If
we were to accept their interpretation that “Shahida” means sighting the Moon of
Ramadan”, as some have erroneously translated it, then the question arises
whether fasting is obligatory upon all those who sighted the Moon of Ramadan?
What about the sick, the traveler, the children under the age of puberty, the
pregnant women and elderly people? Would they be obligated to fast if they
happen to sight the Moon of Ramadan?

In
addition to that it will mean that only those people who see the Moon will be
required to fast the month of Ramadan if we translate the word “Shahida” as
“actual sighting”. The opposite understanding will be that those who do not see
are not required to observe fasting. This will be absolutely wrong understanding
of the Qur’anic verse. Therefore, it is erroneous to connect “Shahida” with
sighting rather than “presence”. That is why Abu Sa’ud, Kashaff, Samarqandi and
almost all other Qur’anic exegetes clearly explain the phrase to mean “present.”

It
is correct that some classical jurists have explained this phrase in light of
the Ahadith that call for sighting the Moon of the month of Ramadan such as the
following:

The
Prophet (PBUH) said, “Fast with sighting it (Moon) and break the fast with
sighting it. Complete 30 days of Sha’aban if it is cloudy.” (Bukhari)

Abu
Bakr al- Jassas argues that in light of the Ahadith we can say that sighting of
the Moon is basically being present in the month but he has never claimed that
the verse of Surah al-Baqarah and the phrase means only that. He has never
claimed that sighting the new Moon will be the exact translation of the Qur’anic
verse. This is his understanding of the verse and not the exact literal
translation of the verse.

I
have already addressed this issue in my article on the “Astronomical
calculations: A Fiqhi Discussion”. The article can be accessed through ISNA’s
web site.

Secondly, they claim that sighting the Moon of Ramadan is obligated by the
authentic Ahadith of Rasulullah (PBUH) and establishing the month without actual
sighting is unlawful.

I
have also addressed this issue in my above mentioned paper. Here I will just
summarize some of the arguments.

1:
Yes, sighting was required by the Prophet (PBUH) as it was the only authentic
method available during his times to confirm the presence of the new Moon, the
sign of the new month’s commencement. That is what the Prophet (PBUH) said, “we
are unlettered people we neither write nor calculate.” The month consists of
sometimes 29 days and sometimes 30 days. The Ibadat are connected with the time
and the time in Islamic understanding is connected with the Moon and not with
the Sun as the Islamic calendar is a lunar and not a solar calendar. The
Sharia’h does not want us to start the fasting when the month of Ramadan has not
even begun and Islam does not want us to lose a day of Ramadan by celebrating
the Eid on the last day of Ramadan. That is why the Prophet (PBUH) advised us
not to start the month of Ramadan a day or two ahead of time or finish it a day
or two ahead of time. He wanted us to start the month of Ramadan with certainty
that the new Moon is there and same is the case with breaking the fast. The
actual sighting of the new Moon was the only mechanism at their disposal to
attain that certainty. That is why the Prophet (PBUH) emphasized so much upon
sighting the new Moon not because sighting was or is the objective of fasting or
in any way or farm a goal of the Ibadah but because it was a means to ascertain
the presence of the new Moon, knowing which is the objective of Ibadah. Now when
that objective can be achieved through a more authentic and precise method i.e.,
astronomical calculations then replacing actual sighting, a probable means of
certainty, with a more accurate method with categorical certainty will not
constitute any deviation from the Prophetic commandment or objectives of Islamic
Sharia’h but a complement to that.

2:
If the actual sighting was such an objective or a prerequisite that fasting
cannot be started except by it then it would have been required even on the 30th
of Sha’aban. Nobody goes out to see the new Moon on the 30th of Sha’aban or on
the 30th of Ramadan. No jurists have ever required such a sighting because the
sighting was prescribed for certainty and not for the sake of sighting itself.
Once that certainty is achieved by completing 30 days (as the Islamic month can
not go beyond 30 days) sighting is not even required and the new month is
started. Everybody knows that the new Moon must be in the horizons by the 30th
of Sha’aban and nobody worries about seeing it. If seeing the new Moon was a
precondition for fasting then fasting and sighting will go hand in hand. But we
see it is not. Therefore sighting is not the prerequisite for fasting but is a
means to achieve certainty of the new Moon in the horizon.

3:
If it is said that sighting is not required on the 30th of Sha’aban because the
Prophet (PBUH) said, “complete 30 days if it is cloudy.” I will argue that this
Prophetic statement commands that complete 30 days if it was cloudy. It does not
say “Do not see the new Moon on 30th of Sha’aban if it was not cloudy on 29th of
Sha’aban.” Suppose it was not cloudy on the 29th of Sha’aban and the new Moon
was not seen that evening then would not the Hadith require Muslims to see it on
the 30th of Sha’aban had it been a precondition for fasting. The clause of “if
it is cloudy” covers only when it is cloudy but it does not cover when it is not
cloudy. Had the sighting been intrinsic to fasting then it would have been
required even on the 30th especially when the new Moon was not seen not because
there were some obscurities hampering its sighting but because when it was not
there in the horizon. But if we agree that sighting is not the precondition for
fasting but certainty then one can understand why sighting is required on the
29th of Sha’aban and not on the 30th of Sha’aban.

4:
Sighting is not a prerequisite for fasting even on the 29th of Sha’aban. Had it
been a precondition then no Muslim will be allowed to start the month of Ramadan
except through sighting the new Moon on the 29th day of the month of Sha’aban. I
have already shown in my above mentioned paper that Ibn Umar along with A’isha,
Asma bint Abi Bakr used to start fasting the next day if it was cloudy on the
29th day of Sha’aban and the new moon was not sighted because of obscurities.
They will not fast that day as a supererogatory day of fasting but as a
mandatory day of Ramadan. That was the case with many Tabi’een (Successors) and
a whole school of Fiqh is based upon this opinion. Imam Ahmad, following the
actions of these Companions of the Prophet (PBUH), has adopted this position and
the entire Hanbali School follows this position of Imam Ahmad. It becomes
important when we know that Ibn Umar is the original narrator of many of the
Ahadith (narrated by all the authentic sources of Ahadith) which require
sighting as a means of fasting. For instance:

“Ibn Umar narrates that the Prophet (PBUH) said,” the month is 29 therefore do
not start fasting until you see it and do not break fast until you see it. Count
30 days if it is cloudy”. He (Nafi’a, the narrator from Ibn Umar) said,” that
Ibn Umar used to ask people to see the Moon for him on the 29th of Sha’aban. If
the Moon was seen, then well and good. He would not fast if it was not seen and
it was not cloudy or rainy. If (on 29th of Sha’aban) it was cloudy or rainy
weather, he would start fasting (the next day). He (Nafi’a) also said that Ibn
Umar used to break the fast with the people and not depend upon these
calculations (his counting).”

“Abu Muhammad Ibn Hazm said, “This Ibn Umar who himself narrated that fasting is
not permitted until the new Moon is sighted then he himself does what we have
just mentioned.”

I
have discussed in my paper that completing 30 days in case of obscurities is not
an agreed upon position even though many Ahadith have clearly demanded so. From
the actions of many Companions, Successors and Jurists it becomes evident that
they somehow preferred the Ahadith of فاقْدِرُوا لَهُ over the Ahadith requiring
completing 30 days in case of obscurities. Now these known religious authorities
neither followed the sighting as a prerequisite to fasting nor completion as the
prerequisite. The estimated and calculated the days of Sha’aban and fasted on
the 29th without sighting the actual Moon. Therefore, it cannot be claimed that
sighting is a precondition to start fasting a day after the 29th of Sha’aban.

Ibn
Qudamah says that, “This position is adopted by majority of the teachers of our
scholarship. And that is also the preferred opinion of Caliph Umar and his son
(Abdullah), Umaro bin al-A’as, Abu Hurayrah, Anas, Mu’awiyah, A’ishah, Asma’a
(the to daughters of Abu Bakr). Same opinion was held by Bakr bin Abdallah, Abu
Othman al-Nahdi, Ibn Abi Maryam, Mutarraf, Maymun bin Mehran, Tawus and Mujahid”

Iman al-Nawawi reports that Imam Ahmad requires starting the month of Ramadan if
the new Moon was not sighted due to obscurities on the 29th day of Sha’aban.
That has been the opinion of 8 known Companions of the Prophet (PBUH) and 7 of
their Successors:

Some scholars have argued that Ibn Umar and others used to fast the day of doubt
with the intention of supplementary fasting and not as the day of Ramadan. This
interpretation is incorrect. They used to fast with the intention of fasting the
day of Ramadan as is clearly reported from Imam Ahmad:

It makes it abundantly clear
that either actual sighting or completing 30 days are not the only two agreed
upon methods of starting the fast of Ramadan. This statement is made by many
jurists but is not proven by the historical facts. The claims of consensus about
it are also incorrect. Starting the new month by counting 29 days and without
sighting the new Moon is also reported from the Prophet (PBUH) in another
Hadith. There is a Hadith in Bukhari, Muslim and others that the Prophet himself
started or ended the month without resorting to actual sighting or completing 30
days.

The
translation is that “Umm Salamah narrates that once the Prophet (PBUH) took an
oath upon not seeing his wives for a month. When the 29 days passed he came to
them. He was told that you took an oath not to enter the home for a month. He
said, “The month consists of 29 days.”

He
(PBUH) just counted the days and completed his month or started the new month
without seeing the new Moon. He (PBUH) did not say to his wives that I had seen
the Moon and none of his wives asked him that question either. The Hadith does
not say that it was cloudy that evening. It is also clear that the Prophet
(PBUH) did not complete 30 days.

This simple calculation or estimation is not what the Prophet (PBUH) has negated
in his Hadith that says “we neither write nor calculate.” Nobody can deny that
the basic writing skills and the basic calculations were present in the Muslim
community at the time of the Prophet (PBUH). There were business dealings,
inheritance issues and many other aspects of Islamic community that depended
upon basic mathematics. Actually the Qur’anic system of inheritance is quite
sophisticated when it comes to mathematics. The reference to calculation in the
above Hadith may have been to the Jewish calendar and the complicated
calculations connected with it, as I have shown in my paper. The Prophet did not
want to depend upon the Jewish religious leadership of Madinah for sophisticated
calculations to determine the Islamic months. It would have given very bad name
to the Prophet (PBUH) and to his mission. He gave the simple solution which was
available to all and that was actual sighting. Now once the majority of Ummah
can have access to those sophisticated calculations without depending upon the
non-Muslims religious authorities then following them will not be against the
authentic Sunnah of the Prophet (PBUH).

6:
The argument that the Arabic word “ru’yah” demand actual sighting with naked
human eyes is also not well founded. The Qur’an and the Ahadith sources use the
word for sighting as well as for other related meanings such as pondering or
knowing. I have shown in my paper that such a usage of the word is rampant in
the Qur’an and Sunnah. The verb seeing along with its many derivatives has
occurred in the Qur’an for 328 times. In a number of these verses the Qur’an
uses the verb “seeing” in the context of pondering or ascertaining without
resorting to sighting by human eyes. For instance verses 2:242 and 2:46 use the
verb not in the actual sighting context but in the second sense.

“Didst thou not turn thy vision to those who abandoned their homes, though they
were thousands (in number), for fear of death? Allah said to them: "Die": then
He restored them to life. For Allah is full of bounty to mankind, but most of
them are ungrateful.”

“Last thou not turned thy vision to the Chiefs of the Children of Israel after
(the time of) Moses? They said to a Prophet (that was) among them: "Appoint for
us a king, that we may fight in the cause of Allah."

Same can be understood from the other verses such as 2:258, 3:23, 4:44, 4:49,
4:60, 96:9, 96:13,107:1 and many more.

Also the Hadith has used the same verb in relation to fasting. In the following
Hadith actual sighting does not seem to be a goal. It is the certainty what
matters.

“We
traveled with the Prophet (PBUH) while he was fasting. At the Sunset he (PBUH)
said, “Get down and mix the drink for us”. He was told what if we wait for the
night! He said, ”prepare the drink”. He was told that the daylight still seems
to be there. He again asked for the drink which was prepared for him. Then he
(PBUH) said,” when you see the night approaching from there (and he pointed
towards the East), then the fasting person should break the fast.”

Presently we use calculated times for Iftar and Imsak instead of literally
following the specific commandment of the Prophet (PBUH) in this Hadith.

7:
The argument that the Arabic word for the new Moon is “Hilal”. The linguistic
definition of the word Hilal requires that it must be deflecting the light and
be shining and not dark. Shining then is connected with human sighting.
Therefore, we cannot start the new month until we see the new Moon.

This argument is based upon the following linguistic meanings of the word
“Hilal”.

“Al-Hilal is the white spotlight of the new Moon seen by the people in the
beginning of the new month. It is said that the new Moon is called “Hilal” for
the first two nights of the month (except for the same days of the next month)
and then it is called “Qamar”. It is also said that the new Moon is called
“Hilal” for the first three nights only. It is also said that the new Moon is
called “Hilal” until it petrifies. It is also said that it is called “Hilal”
until its glitter flaunts darkness of the night. This cannot happen until the
seventh night.”

We
can see that this definition is based upon cultural meanings and not upon the
linguistic roots of the word Hilal. The word “Hilal” is derived from the Arabic
root “Hallala.” Ibn Manzur explains the meanings of that root in the following
words:

The
extreme pouring down rain is the root of this word. The first pour of rain is
called “Hilal”. It is said that Hilal is “what you receive the first from that
rain.” Its plural is “Ahillah”. When the rain comes down with drops full of
noise that rain is also called “Hilal”. The root of the word “Hilal” consists of
the two original meanings: the beginning or starting part of something and
raising of voice.

When the sky rains with noise or when the person talks with loud voice or when a
baby cries with loud voice all these are referred to with the same root verb.
These linguistic usages coincide with use of the word in many Ahadith.

“Abu al-Abbas said that the Hilal is named Hilal because the people raise their
voices to inform others about it (the new Moon). “

It
should be clear by now that the original meanings of the word “Hilal” are
connected with the first signs of something and with raising of voices and not
with glittering or shining. The new Moon was then called “Hilal” because it was
the first sign of the new month and because when it appears people raise their
voices to inform others about the arrival of the new month. There was no method
available to the people of previous generations except seeing it with the naked
eyes. That is why they defined it as something seen rather than known. Moreover,
the above mentioned two meanings happen only at the time of the first few days
of the month, therefore, the new Moon was called “Hilal”. Had the name Hilal
been given to the new Moon due to light in it then the full Moon had more rights
to be called Hilal than the Crescent because it shines more and has more light
than the Crescent.

Presently the new Moon without light can be called “Hilal” when the new Moon can
be determined by the astronomical calculations and the people can talk about it
and inform others about it.

This brings us to the argument that by changing the sighting method to
calculations we are changing the process which was implemented by the entire
Ummah over a period of almost 14 centuries. I would say that goals are constants
while the processes to achieve those goals can be changed. It was an established
objective of Sharia’h that people start and end the fast at right timings. This
objective in the past was achieved by looking at the threads in the morning, as
the Qur’an indicates, and looking at the night coming from the East, as the
Hadith indicates. The same objective is currently achieved by calculated timings
and nobody has any problem with that. The five times daily prayers were
performed by looking at the Sun and its shadow. Currently the same objective is
achieved by calculated timings. The Qur’anic text asks Muslims to prepare
themselves with the available force and fighting horses to inflict fear upon the
enemy. Currently that fear and defense cannot be achieved except through tanks,
airpower, missiles and other modern warfare weapons. Nobody considers such an
interpretation as a deviation from the true spirit of the Qur’an because the
objective remains the same and only the process or method of realizing such an
objective changes. Same is the case with the month of Ramadan. The certainty
that the new Moon of Ramadan is there was achieved through actual sighting in
the past fourteen centuries. Presently the same objective can be achieved
through a more accurate and precise method. Adoption of such a precise method
will complement the objective and in no way or form nullify the objective. The
jurists from all schools of Fiqh agree upon the fact that sighting the new Moon
is not the objective of Sharia’h. It is just a mean as Ibn Daqiq al-Eid, the
famous Shafa’ee jurist has put it.

“The actual sighting is not a pre requisite to the fasting. There is agreement
(among the Jurists) that if someone was imprisoned in the basement and knew,
either through completing 30 days or through estimation by following the signs,
that the month of Ramadan has started, then he is required to start fasting even
if he has neither sighted the Moon by himself nor was informed by the one who
actually sighted it.”

“It
is an established fact that sighting the new Moon in itself is not an act of
Islamic worship. It is just a mean to know the time. It was the only way
available to a nation which knew not how to write or calculate. Its unlettered
status was the sole reason for it to be dependent upon the naked eye. This is
precisely what the text of the Hadith, which is the source of this ruling,
says.”

Finally, the argument that the Fiqh Council of North America in its June 10,
2006 meeting has adopted an un-Islamic method of determining the new month with
the astronomical calculations rather than actual sighting. We agree that the
Classical jurists have vehemently rejected use of astronomical calculations
regarding the month of Ramadan and I have elaborated upon their genuine reasons
for that in my paper. They were absolutely right in their rejection of
inaccurate astronomical calculations derived from the pseudo astrologists. We
will be rejecting the same even in our present times. Contrary to that,
presently the astronomical calculations are not inaccurate and are not based
upon the bogus data of fake astronomers. It is based upon authentic scientific
data achieved through meticulous observations and confirmed by the reality on
the ground. The margin of error is close to nil.

The
same accuracy plays out very well with some of our contemporary scholars when
they accept these calculations to negate the month. The same argument which they
use in accepting astronomical calculations in negation is the argument we use in
accepting the calculations in affirming the new month. If the calculations are
authentic enough to negate the doubtful or arbitrary witnesses then they are
authentic enough to confirm the new month. If the argument is that the Prophet
(PBUH) did not use calculations for affirmation then we argue that he did not
use them in negation either. Same will go against the argument that the majority
of jurists rejected use of calculations in matters of Ramadan and declared them
as un-Islamic. The same text that allows our scholars to use the astronomical
calculations for negation is the same text which allows us to use them for
confirmation.

In
conclusion I will say that all the four arguments that the Qur’an, Sunnah, Ijma’
and linguistic meanings require actual sighting are not well founded. The use of
astronomical calculations in confirming the month of Ramadan is quite valid and
is not different from using them in negating the month.